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MMLU / A woman had her kitchen renovated. She purchased a new dishwasher, and the…

Problem

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question

A woman had her kitchen renovated. She purchased a new dishwasher, and the contractor doing the renovations installed it in the woman's kitchen. Two months later, the woman was entertaining a friend at her home. As they talked, they noticed that the dishwasher was operating strangely, repeatedly stopping and starting. They saw sparks start flying out from underneath the dishwasher. The friend said, "It must have a short circuit or something. Don't touch it or you might get electrocuted. " The woman asked if she should go down to the fuse box in her basement to cut off the electricity. The friend decided that he would take a look inside the dishwasher first. When he touched the metal handle on the dishwasher's door, he received a violent electric shock. The dishwasher had an internal wiring defect that caused it to malfunction. The contractor who installed the dishwasher failed to adequately ground the machine; if he had done so, the electric current would have been led harmlessly away. The machine carried instructions for proper grounding, but the contractor did not follow them. All of the relevant events occurred in a jurisdiction that follows traditional contributory negligence and assumption of risk rules. If the friend brings a strict tort liability claim against the manufacturer of the dishwasher for his injuries, the probable result is that the friend will

choices

  1. recover, because the dishwasher was defectively made.
  2. recover, because the manufacturer is vicariously liable for the improper installation.
  3. not recover, because the friend assumed the risk by trying to open the dishwasher.
  4. not recover, because the friend was not the purchaser of the dishwasher.

subject

professional_law

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